In a significant move towards inclusivity, the Delhi High Court has directed the Delhi government to ensure accessible court proceedings for individuals with disabilities by providing essential infrastructure and financial assistance to acquire necessary gadgets. The ruling comes in response to a plea by a differently abled petitioner involved in a criminal trial.
Justice Swarana Kanta Sharma emphasized that enabling the installation of gadgets and appropriate infrastructure will empower individuals with disabilities to more comprehensively engage in both criminal and civil court proceedings. The directive also takes into account the provision under Section 12(4)(c) of the Rights of Persons with Disabilities Act, which highlights the importance of facilitating equal participation for accused persons with disabilities.
The court ordered the Delhi State Legal Services Authority (DSLSA) to formulate a comprehensive scheme outlining how accused persons with disabilities can access justice efficiently. Additionally, the DSLSA was directed to collaborate with relevant stakeholders to develop a list and scheme within a month. This scheme aims to ensure better communication and understanding of cases and court proceedings for individuals with disabilities, utilizing the latest assistive technology.
To address the practical aspects of this initiative, the Court recommended exploring the possibility of establishing a designated room, similar to a vulnerable witness room, for accused individuals with disabilities. This room would cater to those who face challenges accessing the courts and the justice system on an equal and dignified basis. The Registrar General of the High Court was instructed to explore interim arrangements in this regard.
To enhance public awareness and accessibility, the Court called for the appointment of a Nodal Officer by the District Judge, whose contact information would be prominently displayed on the websites of both the District Court and the High Court. This contact would serve as a resource for information regarding the availability of services for persons with disabilities seeking access to justice.
In addition to these measures, the Delhi Judicial Academy was directed to conduct sensitization programs for trial court judges, lawyers, court staff, and police to inform them about the services available to persons with disabilities on court premises. A training module is also set to be prepared by the Academy for educating and training court staff and Nodal Officers on this matter.
The Court concluded by urging the government to adhere to the provided directions within three months, with the Secretary of the DSLSA required to submit a compliance report within a month.
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